Labour Studies Index

Updated: 2022-05-16

Defending Age Distinctions in Employee Benefits after the Elimination of Mandatory Retirement

Document type Article
Author Charney, Robert E.
Author Horner, Matthew
Journal Canadian Labour and Employment Law Journal
Volume 17
Date 2013
Pages 255-280


Approaching the issue through their review of several recent court and tribunal decisions, the authors argue that the legislative policy choice in Ontario and other jurisdictions to permit age-based distinctions in the provision of benefits to employees over age 65, notwithstanding the abolition of mandatory retirement, was not only reasonable but necessary. That choice, in their view, represents a fair, and amply justified, balance between the right of individual employees to continue working past 65, and the right of employees as a collec- tivity to freely negotiate benefit provisions and group insurance plans that are in the interests of the group as a whole.